Eviction Protection: Tenant Arguments in Germany
As a tenant in Germany, an eviction lawsuit can be very frightening. Many tenants do not know which rights they have under eviction protection according to § 765a ZPO and how to respond with clear arguments and sample letters. This guide explains in plain language which deadlines must be observed, which evidence helps in court and which formulations are effective in an objection or response. It shows step by step how to meet deadlines, collect evidence and adapt a sample letter correctly. The aim is to provide tenants with concrete, verifiable ways to prevent an eviction or buy time without requiring complex legal knowledge.
What does § 765a ZPO regulate?
§ 765a ZPO protects debtors in certain cases from immediate forced eviction if there are legitimate objections. For tenants this means: if there are formal or substantive objections to the eviction, the forced eviction can be delayed or prevented until the court has decided.[1]
How tenants should argue in eviction protection
Use structured, factual arguments: name reasons (e.g. incomplete claim, ongoing rent reduction or credible assertions about the unreasonableness of eviction) and support them with documents. State deadlines, appointments and proof of service clearly and precisely so the court understands that objections are present and relevant.
- Deadlines: File an objection or application within the stated deadline, often within a few days of service.
- Evidence: Have rent payments, correspondence, photos and invoices ready as proof.
- Forms: Submit objections or responses in writing and, if applicable, use a sample letter.
- Condition of the dwelling: Attach documentation and defect reports for serious defects.
- Payment proofs: Receipts or bank statements show paid rent or partial payments.
If you use a sample letter, adapt it to your situation: date, correct file number, precise presentation of your objections and a clear request to suspend enforcement. Refer to relevant BGB provisions when they support the objection.[2]
Preparation for the court hearing
Collect all documents in chronological order and prepare a short facts summary so judges can quickly understand the core. Name witnesses and prepare a concise statement that sets out your view. Submit documents early to the court and observe service deadlines.
Where to turn in an eviction case?
Eviction matters are usually heard at the competent local court (Amtsgericht); appeals go to the regional court (Landgericht) and in exceptional cases to the Federal Court of Justice. For procedural questions the local Amtsgericht that is responsible for the eviction suit can provide guidance.[3]
FAQ
- What is the first step after service of an eviction suit?
- Check the service and deadlines, gather evidence and file a response or application within the deadline.
- Can a sample letter alone prevent an eviction?
- A sample letter helps to meet deadlines and formulate objections, but it cannot replace evidence or a court decision.
- Who ultimately decides on the eviction?
- The competent court (usually the local court) decides after reviewing the objections and evidence.
How-To
- Check deadlines: note the date of service and calculate deadlines.
- Collect documents: organize the lease, payment proofs, photos and correspondence.
- Adapt the sample letter: include file number, personal details and concrete objections.
- Submit to the court: file a written response on time and secure proof of service.
- Seek contact: consult tenant advice, a lawyer or the local court.
Key Takeaways
- Deadlines are critical and must be strictly observed.
- Well-documented evidence strengthens your case in court.
- A tailored sample letter helps communicate your objections clearly.
Help & Support
- §765a ZPO - Gesetze im Internet
- Bürgerliches Gesetzbuch (BGB) - Gesetze im Internet
- Federal Ministry of Justice (information on courts)
